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  1. #1
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    Dec 2005
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    9

    Default Non-compete

    A friend of mine signed a noncompete clause in Florida that covers 1/4 of the United States for 2years after termination. The companies reason for this was because there are only about 8 other companies in the entire US that compete with their business. My friend left the company for safety reasons and drug use. He notified the company of the problems numerous times and had documentation to back it up. He has sinced moved out of state and is working in the same field. The company took him to court and won based on 2 "legitimate business interests". However, the 2 "interests" that they listed are incorrect. One reason was because they said they were the only company operating in that 1/4 of the US, which is false. The other reason was because they spent time and money to teach him a specialty when in fact he already had prior training in that specialty, it was just under a different name. He hasn't even used this specialty and has no intention of using it anyways. I also don't see why the time of 2 years and distance of 1/4 of the US wasn't seen as "unreasonable, overlong, or overbroad." Obviously I disagree with this judgement, but my question is whether or not it can be enforced out of state.

  2. #2
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    Sep 2005
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    Default Losing a suit over a non-compete clause

    If your friend lost the lawsuit over the non-compete clause, your friend can consider an appeal, but is otherwise stuck. If the court erred in its findings, that is something that would be addressed on appeal.

  3. #3
    Join Date
    Dec 2005
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    9

    Default non-compete

    Thanks for the advice. Someone told me that they couldn't enforce it across state lines. Something about blue law lines and interstate commerce. I don't know. I have a couple more questions. The judge and the plantiff were a particular religion. The plantiffs lawyer asked my friend if he was a christian. He said he didn't see where that was relevant, but the judge told him to answer the question. He said "yes". The attorney then proceded to ask him what religion he was. Again he said he didn't see where that had any relevance. The judge told him to answer the question. My question is why was this relevant, why did the judge allow that question? It shouldn't have had any bearing on the case what so ever. Another question I have is if the case shouldn't have been held outside the immediate area because one of the plantiffs is an attorney and another one of the plantiffs wife is a high-powered attorney in the area.

  4. #4
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    Default Enforcement of Non-Compete Across State Lines

    I can't speak to what the religion questions were about; I don't know. That's something your friend should discuss with an appellate lawyer, assuming he wishes to appeal.

    Non-compete clauses are enforceable across state lines. While some states (e.g., in most cases, California) will not enforce noncompete agreements as a matter of public policy, your friend would remain subject to sanction by the court which issued the judgment against him.

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